Foreword
1. Non-Departmental Research 1. 1 People who commit robbery with
violence
1.2 The effects of prosecution policy in the case of minors
1.3 The development of crime in the Flevo polder; a first report 1.4 Rehabilitation-fourth report
-‘Recidivism’
1.5 Fraud and public transport, and aggression in traffic
1.6 Consequences of imprisonment 1.7 The legal position of minors
2. Departmental Research 2.1 Crime and the retail trade
.2.2 Individual remissions in the case ofcriminal offences and recidivism
2.3 Crime and preventive devices 2.4 Alternative sanctions
2.5 The harmonization of sentencing under discussion- the Arnhem District
2.6 The extent and development of crime 2.7 An observation study of police patrol
activities
2.8 The judiciary and class justice 2.9 The role of the judge in society
Foreword
The reactions we were happy to receive following the
first issue of this annual bulletin last year, formed a
stimulus to proceed in the direction taken. The
researches reported upon in this consequent issue deal,
as we feel, with some interesting topics.
1 Non-departmental research
Research conducted by institutes or experts in the
Netherlands
1.1
People who commit robbery with violence
Institute of Criminology of the State University of
Groningen, 1976.
Authors:
Dr. F. P. H. Dijksterhuis
0. J. A. Janssen
Background to and design of research
At the end of 1973, it was decided to investigate the
incidence of robbery with violence. The project was to
be Jundertaken by the Research and Documentation
Centre (RDC) and the Institute of Criminology at
Groningen — divided up between the two — the first
would analyse the crime of robbery with violence and
the Institute of Criminology would principally examine
the social background of the perpetrator. This summary
deals with the latter aspect of the research. Since it is
not possible to select people who have been convicted
of robbery with violence on the basis of any particular
section of the Criminal Code, it has been defined as an
offence in which two elements are central, namely (1)
the threat or use of violence (as a means) and (2)
unlawful material gain (as the object). Further, the
project was limited to violent robbery committed by
one or more perpetrators on banks, security carriers
and petrol stations. The target group was composed of
persons convicted of offences of this kind during the
period July 1974 to May 1975. A comparison with cases
of violent robbery recorded by the Central Criminal
Information Department indicates that the sample did
not deviate significantly from the overall group of
persons convicted during that period.
The interview, which was standardized, covered sixteen
subjects: planning, execution and result of the attack
(the three subjects that RDC undertook to deal with),
the probability of being caught, alternatives (legal and
illegal) to robbery, work, financial situation, marital
status, friends, education, self-reported criminal past,
military service, origin and home background.
expectations for the future and attitudes to violence or
aggression. In addition, data were also obtained on
official criminal records.
Some findings
The information available on persons who commit
violent robbery on banks, security carriers or petrol
stations is fragmentary. The results are no more than
hypotheses that can be further researched. The salient
findings are given below, subject to this reservation.
Age:the perpetrators are on average about twenty-five
years of age, which means that this group still have a
good number of active years ahead of them. Having
regard to the nature of the crime, this means that they
are worth a certain amount of attention. Where
possible, it is important that such people be
rehabilitated, all the more so, because their long records
make recidivism more than likely.
Failure:
they have failed in virtually every field where
this is possible — in their education, their work and their
criminal behaviour. There are indications that failure at
school can lead to crime. It is possible that under a
different educational system the chance of failure might
be reduced and with it the criminogenic effect of the
schools. In the future, schools might, in this way,
contribute towards the prevention of crime. This is a
further field for criminological research.
Work:
more than half of those interviewed were jobless.
It appears from the survey that these people are the
ones who obtain longer unconditional sentences of
imprisonment. The researchers cannot explain these
longer sentences in terms of the effence committed,
where this information was available to them, nor
through a more extensive or serious criminal past
(whether self-reported or recorded). It is, of course,
going too far to say in the light of this investigation that
the courts punish unemployment; the investigation was
not, of course, directly concerned with that point.
However, this finding deserves further examination.
Alternatives to robbery with violence:in the case of
most of these persons, there were none. Having regard
to their continued failure as indicated above, one may
wonder whether they will find any in the future. In this
respect, one can hardly expect improvement from
nothing but punishment.
Criminal record:
this is substantial and consists chiefly
of offences against property. This confirms the
prevailing opinion that those who commit robbery with
violence are in fact essentially guilty of theft. There are
indications that carrying weapons — which gives rise to
associations of aggression — is in fact done in order to
prevent rather than commit violence. To follow this
line, one could argue that the heavier sentence should be based not on the carrying of arms but on injury. Criminal procedure: The lengthy waiting period between confession and the courth hearing should be a matter of concern. It further affects the possible value of heavy sentences given for committing such offences. The future: having regard to the background of failure and the long records of these persons, the prognosis cannot be all that positive, certainly not if the reaction of society to their offence is limited to punishment. Suggestions for further research
The project would indicate that the group of people who commit robbery with violence cannot be investigated as an independent category of law-breakers. This would be an argument for placing the problem of this type of offenders in a broader framework in the course of any subsequent research. In this connection, the researchers are considering proceeding with the project in stages.
The first stage of such a project would have to deal with the specific social backgrounds of 'chronic offenders', i.e. habitual offenders with long records who started off on their criminal career in their youth. It appears from both this study and from other studies that those who commit robbery with violence must be included in this category. The central question in this case is whether this group, as the researchers postulate, are really at the bottom end of society.
The second stage — if the reply to the premise in the first stage is affirmative — would involve further analysis of the group of 'chronic offenders'. The subject of such an investigation would have to concentrate on (I) the crime-patterns of this category, (2) the differences in social background within the 'chronic offenders' category and (3) the significance of the informal structure of the crime pattern. By this means, any specific characteristics of persons who commit robbery with violence could be isolated.
A third stage of the project would comprise an analysis of the group of persons committing robbery with violence. After distinguishing the various types within the category, particular attention will have to be paid to the way in which the object of the robbery is selected.
The fourth stage of the project would have the robbery itself as its subject. This must be analysed from the angle of the use of violence and the inducement to violence.
1.2
The effects of prosecution policy in the case of minors*
Bonger Institute of Criminology, University of Amsterdam, 1975.Authors:
Dr. 0. W. M. Kamstra Ed. Leuw
Object and design of the project
The aim of this project was to check in the light of file data whether action by the public prosecutor has any effect on the recidivism pattern amongst juvenile delinquents. In research terminology, such action is the independent variable (the explanatory variable) and the recidivism pattern the dependent variable (the variable which is explained). From an information-gathering inspection of the file material, it emerged that only a very rough definition of these variables was possible. The action of the public prosecutor was defined as 'strict' (summonsing of the juvenile delinquent) or 'clement' (non-summonsing of the delinquent). The effect on the recidivism pattern was determined as: non-recidivist, recidivist after a brief period, or recidivist after a lengthy period.
The group concerned in this project may be defined as all Dutch boys who had their first contact with the law during the first six months of 1972. The period covered by this project runs to June 1975. The juvenile
delinquents could therefore be monitored for nearly three years at least. For the purposes of this project, therefore, non-recidivist means no recidivism before June 1975. The recidivism pattern was traced by gathering the criminal records relating to all first offenders appearing in the files for the first six months of 1972. The files of the recidivists could be traced in turn in this way.
Results and conclusion
Only on first contact with the law did there appear to be any statistically significant relationship between the two
* This report is entitled 'Research into the effects of the action of the public prosecuter on the recidivism pattern in the case of minors'.
variables. Non-summonsed first offenders displayed less recidivism than the juvenile delinquents whose cases were pursued. On second, third and fourth contact, there was no further question of such a relationship. Two alternative explanations were formulated for the difference found in the recidivism pattern between summonsed and non-summonsed first offenders. The first assumes that there is an essential relationship between the action of the public prosecutor and the recidivism pattern. Summonsing can have a stigmatizing effect on a juvenile delinquent and, as such, contribute to earlier incidence of recidivism. The second possible explanation is that the public prosecuter selects 'more serious' cases for summonsing and that the young people concerned are in any event more or less prone to recidivism whatever action the courts might take. According to that explanation there is no relationship between the action of the public prosecutor and the recidivism pattern.
The above explanations are incompatible. The 'causal explanation' is acceptable only if it can be demonstrated that there is no relevant difference between summonsed and non-summonsed delinquents. On comparison, however, it emerged that summonsed first offenders had on average committed more offences and had also been involved in more serious thefts. These findings pointed to the conclusion that the public prosecutor's decision has no demonstrable effect on recidivism patterns, a conclusion which is necessarily based on far-reaching reduction of what the researchers are really interested in, i.e. the nature of the judicial process. What is the attitude of the courts towards juvenile delinquents? What motives, considerations and objectives play a part in this? How is this attitude experienced by the
delinquents concerned? Does it have any effect on the delinquents' pattern of behaviour and, if so, what? Questions of this nature are most pertinent but could not be investigated within the framework of this file based research.
If meaningful research is to be undertaken into the effect
of action by the public prosecutor against juvenile delinquents, the number of factors examined will have to be greatly expanded as regards both independent and dependent variables. The policy adopted by the public prosecutor is a comprehensive factor within the judicial process and more of its aspects than merely the formal difference between summonsing and non-summonsing ought to be investigated. This point has even greater force where the delinquent is concerned: a wide range
of social and psychological factors concerning the life
history and present situation of the juvenile delinquent
needs to be studied. When analysing contact with the
law, the significance of this for the juvenile delinquent
must take pride of place. How does the juvenile
delinquent perceive his contact with the law? What
effect does it have on his image of himself, on his
expectations for the future, on his social relations, and
the like?
With research of this type, which is here sketched in
broad outline, the methods to be used will be more
laborious and demand more of the courts and the juvenile
delinquents than was the case with this file based
research. Because of the widely differing aspects as to
both content and research techniques, it is
recommended that any such research should be
designed on a multi-disciplinary basis; co-operation
between remedial teaching experts and criminologists
would be useful. With a more qualitatively aligned
investigation of this kind, material can be collected with
the aid of interviews, tests, possibly, and observation of
the contact between the juvenile delinquent and the
criminal justice system.
1.3
The development of crime in the Flevo polder; a first
report*
Bonger Institute of Criminology, University of
Amsterdam, 1976.
Author:
Ed. Leuw
This research is based on the daily reports prepared
from 1 January 1967 to 1 January 1976 by the State
police of the Lelystad Group on events in the present
area covered by the Southern Ysselmeer Polders Public
Authority. This analysis of daily reports is the initial
phase of a number of sub-projects aimed at obtaining an
understanding of the development of deviant/delinquent
behaviour in the new residential areas of Southern
Flevoland and the patterns of formal and informal
reactions to it. On the one hand, the research material
used in this case has a limited value because it contains
only summary information on the events concerned;
further, it is open to all the objections associated with
* This report on the first stage of the project is entitled 'Deviance and delinquency in the new residential areas of Southern Flevoland; an analysis of daily reports by the police, 1967-1975'.
'official' data. The effects of selectivity on the material and the internal functions that daily reports have to serve in the police make any understanding of the 'true' course of events during the period of time covered impracticable on the basis of the present material. On the other hand, the material is valuable because it can be approached as a systematic record of everything that happened involving the police at Lelystad during this period. In this respect the daily reports are in fact the most appropriate material because they form the initial 'raw' material to which no further selection has as yet been applied by the police or the courts.
The total number of events listed in the daily reports has grown from 133 in 1967 to 1094 in 1975. Most of it relates to misdemeanours, mainly traffic offences. As from 1972, there is an increase in the ratio of crimes and non-criminal acts to the total number of events. There is also a slight increase in the number of offences recorded per 100 inhabitants, from 1.1 to 1.5%. within the period. Particularly noteworthy is a sharp increase in the number of 'social problems' in 1974 and 1975. The time of year plays a small role in the occurence of the various kinds of event. A slight increase can be noticed in crimes and traffic offences during the slimmer months. The geographical distribution of events roughly follows consecutive development and occupation of the various areas. The central area, in particular, begins to play a steadily more important role over the years as the place where events are recorded. Many events, and offences against property in particular, take place on building land and public works sites.
Commercial property is the main target of offences and destruction; private persons are the target in 30 to 40% of these cases. The increase in the number of recorded events over the years is paired with a relative drop in 'own detection' by the police. The police are therefore increasingly dependent in carrying out their duties on information from the community. This applies particularly to the criminal offences and vandalism category. The percentage of events on which the police report officially fluctuates greatly over the years. The number of `no official report' cases has in subsequent years increased to about 40%. By far the largest number of official reports on criminal offences and vandalism are prepared at the instigation of third parties. In order to obtain some understanding of the
relationschip between five variables - criminal offences, traffic offences, other offences, population size and police strength — a correlation analysis was carried out.
The question of the effect of population growth and the
increase in police strength on the development of the
number of events in the three other categories was
given special attention. It may be inferred from the
correlation analysis that a good 70% of the increase in
the number of criminal offences can be put down to
population growth. The increase in police strength has
no demOnstrable effect on these figures. Traffic
offences, on the other hand, can be explained
particularly by the police strength. These facts would
indicate that the detection of traffic offences is
dependent on police action, while the development in
the number of criminal offences is determined
principally by influences external to the police. The
increase in the number of offences recorded is
associated with a drop in the number of recorded traffic
offences. This effect is in all probability due to the
priority given by the police when turning their attention
to the various kinds of events. The relation thus found
is therefore a clear illustration of the premise that daily
reports tend rather to give a picture of what the police
have been concerned with over the years than of actual
developments in the area covered by the Public
Authority.
1.4
Rehabilitation*
—fourth report
—'Recidivism'
Institute o‘f Criminology, Free University of
Amsterdam, 1976.
Author:
Dr. G. Snel
IntroductionThis report deals with that part of the rehabilitation
study relating to recidivism. In most research,
recidivism is regarded as repeated contact with the law.
This is to ignore the fact that there may well be one or
more new offences without there being any contact with
the law (called "hidden recidivism"). This study is an
attempt to determine to what extent this occurs. To this
end, all repondents concerned in the original
investigation in 1973 were again asked whether they had
committed futher offences since their release. The
infor-mation obtained showed that the number of recidivists,
which amounted to 118 according to the official data,
had risen to 167. Four groups could now be formed on
the basis of this information — a group of non-
recidivists, a group of total recidivists (official and
semi-official), a group of official recidivists and a group of
semi-official recidivists. A number of comparisons will
be made with the aid of these groups.
Results
The report consits of two parts. The first part discusses
the results of comparisons between total recidivists (=
official + semi-official recidivists) and non-recidivists,
official recidivists and non-recidivists, semi-official
recidivists and non-recidivists, and between official and
semi-official recidivists. These comparisons were made
using personality tests, biographical data, information
concerning the criminal career, and questionnaires
completed during detention and after release by both
clients and their social workers. These comparisons
certainly produce some kind of picture, particularly
where total or official recidivists are compared with
non-recidivists, but the statistics were fairly small in
number (although generally greater than might be
expected on a chance basis).
If we compare total recidivists and non-recidivists, the
following sketch of recidivists can be obtained. They
are persons who on personality scales appear as less
socialized and with less sense of responsibility and
self-control. In their early youth, they stand out through
their conduct (truancy, conduct at school, running away
from home), residence in homes, and a lack of control
on the part of father and mother. Their adolescent
phase is distinguished similarly by their conduct
(quarrels with neighbours and the police, bad
influence of friends, frequenting of bars), the level of
their first job after leaving school and frequent changes
of job. In their last year before detention, they are
characterized by their attitude to the neighbourhood,
which was impaired on a number of points, the
frequency of job-changing, leisure time which is more
frequently spent away from home, and the degree of
contact with persons with whom they circulate, marital
status and whether or not they have a partner, the
degree to which the police and the public prosecutor let
them have their say, the degree to which court
pro-ceedings were understood, the attitude to a stay in a
House of Dentention, the degree of contact with other
detainees, the dislike of prison staff, relations with staff,
a tendency to consider crime as normaal the longer they
are detained, and visits, correspondence and the
prisoner's attitude towards them during detention.
Those total recidivists interviewed within the first two
months of release think differently about the
atmosphere at home, spend their leisure time differently
(more away from home), have had more contact with
the 'criminal world', and differ more in marital status
and whether or not they have a partner. They found
that they then did less well in a number of ways,
encountered more difficulties, had more frequent
contact with the rehabilitation service, and had aquired
a rather different image of themselves.
In the period two to eight months after their release,
recidivists stand out with regard to the atmosphere at
home, their neighbours, joblessness and their
relationships with others in, amongst other things, the
'criminal world'; marital status, whether or not they
have a partner, and their attitude to the latter, the
atmosphere at home with their parents, how well they
function during that time, difficulties and a number of
aspects of their image of themselves.
As regards the period from eight to fourteen months
after release, those recidivists interviewed have more
negative attitudes towards the atmosphere at home, are
jobless more often, are more critical of the boss and
fellow workers, spend more leisure time away from
home, and are more prone to bad influence by others;
during that period, they also functioned less well. As
regards the questionnaires completed by social workers
on their clients, it should be noted that it is
parti-cularly clear that social workers rate the chance of
recidivism of subsequent recidivists more highly.
It has not as yet been easy to determine which of the
large quantity of variables are the most important with
regard to recidivism. This point will be dealt with in the
fifth report.
Final remarks
How can the differences now determined be assessed?
There is a temptation to set up the data obtained as a
kind of cause-and-effect model on the following lines:
personality factors --> behaviour
delinquency and
recidivism
However, this model is to be rejected because it is
based only on data obtained by interviewing
delinquents. The model must at least be complemented
by more "objective facts" such as information on the
criminal career, a procedure which accordingly has
been followed in this study. From the major differences
in this respect between redidivists and non-recidivists, it
can readily be inferred that experience of the courts and
police also plays a major part. What is more, the
personality factors were obtained during detention. This
alone makes it impossible to assume that these are the
cause of the recidivist's conduct and his recidivism.
More likely than not, the personality factors are the
consequence of experience obtained in the ordinary
course of life, including experience obtained form
contact with the courts and police and prison and the
House of Detention.
In the light of these considerations and of the present
theoretical state of affairs in criminology, a more
allround approach would seem to be to adopt a kind of
interaction-modelwhere behaviour, i.e. including
recidivism, is seen as the result of the interplay of
personality (which in itself cannot be looked at divorced
from social environment), behaviour and the reactions
of others, including those who semi-officially and
officially react to behaviour (whether or not defined as
deviant or criminal). What must undoubtedly be studied
in this connection is whether the characteristic
differences between the recidivist and the non-recidivist
that we have discovered in this survey are not al least
partly brought about by the sanctioning actions of the
police and officers of the court who arrived at their
decisions in the light of precisely those characteristics.
1.5
Fraud and public transport, and aggression in traffic*
Institute of Criminology of the State University,
Leiden, 1977.
Author:
Dr. A. R. Hauber
IntroductionAttention was paid to comparative aspects in particular.
A hundred transport companies in a large number of
European countries were involved in the project in the
role of victims of public transport fraud, while in the
Netherlands, Switzerland and Denmark 'perpetrators' of
public transport fraud were approached anonymously by
means of a procedure specially designed for the purpose
and asked about the background to their behaviour.
The project on 'aggression in traffic' also involved the
three countries referred to. In addition, the findings
* In May 1977 a doctoral dissertation was published entitled sGedrag van mensen in beweging'. This may be regarded as an interim report on a section of the researches into 'Fraud and public transport' and 'Aggression in traffic'.obtained in the field were supported by laboratory research.
The study consist of three parts:
1 a theoretical section, in which the way in which rule breaking behaviour may arise and the conditions under which less serious forms of rule breaking behaviour may affect the development of more serious forms are analysed; 2 an empirial section, in which specific results of
experimental and field research are analysed and compared;
3 a policy section, indicating by what measures these forms of rule breaking behaviour in travel situations might be reduced and what the possible consequences might be of such changes.
Results
In this summary, the emphasis is placed on some results of the research into 'Fraud and public transport'. The private and public transport situations examined proved to invite aggressive and fraudulent behaviour respectively in a large number of cases, those who accepted the invitation, amounting to 15 to 25% of all those observed in both situations, did so for emotional reasons. Their behaviour may be regarded as a way of resolving conflicts in an anonymous environment which is appreciably less threatening to them than a personal confrontation with the adversary in the conflict. The percentages of interviewees admitting that they had travelled by public transport at least once during the past five years without paying differ appreciably: in Zurich the percentage (36.2%) is more than three times as great in Amsterdam (11.1%) and in Copenhagen it lies in between (25.2%). The relatively low percentage' applying to Dutch Railways (14.5%) is probably connected with the fact that the opportunities for fraud on the railways tend to differ from situation to situation. The number of fare-dodgers is of course no indication as to the average absolute fraud. For that, figures are required on the average absolute fraud frequency per year. This, too, appears the highest in Zurich, where the average fare-dodger travels (1973) 49 times without a valid ticket. In Amsterdam (1972) the figure is 23.3 times, in Copenhagen (1974) 22.7 times and on Dutch Railways (1974) 11.7 times. It must be remembered that the price of an average journey by Dutch Railways and in Copenhagen is appreciably higher than that in Amsterdam and Zurich. In the case of public transport fraud, the weight of financial reasons must not be under-
estimated, though when people mention this, it is generally a rationalization.
The author feels that the project has enabled him to show that rule breaking behaviour in these situations may be the result of a learning process. It became clear from the research into aggression in traffic that there is a significant relationschip between aggression in upbringing and the existing home situation on the one hand and aggression in traffic on the other. Aggressive behaviour therefore proves to be an acquired method of
• solving conflicts.
The public transport project indicated that fare-dodgers belonged to a sub-culture in which failure to pay for a ticket is part of the pattern of values and norms. These values and norms are transferred by the older to the newly arrived members of the sub-culture. Here, too, it is clearly a question of teaching effect. Rule breaking and criminal behaviour can be regarded as wrongly acquired behaviour which can be unlearned and replaced by new behaviour patterns that can be learned. The changeability of human behaviour has recently also been generally demonstrated by experiment (see Bandura, 1973, inter alia) and this fact is being applied in behiour therapy.
The research data offer us an opportunity to increase our understanding of the changeability of rule breaking behaviour. The project in fact is of a longitudinal nature: the data concerning one single person or situation extend over a period of at least five years. In this way, we were able to deduce from the available material that 37.8% of fare-dodgers ceased committing fraud during the course of the research period, even though they continued travelling by public transport.
Another group of fare-dodgers showed they were willing to end their fraudulent conduct if certain conditions were met. On the other hand, many new fare-dodgers commence their activities each year, so that on balance the percentage of these people increases yearly. In 1974 the transport companies lost some 5% of their income in this way. •
A last, fundamental conribution offered by the
theoretical model concerns the consequences that lesser forms of antisocial behaviour may have for the creation of more serious forms of rule breaking behaviour. This generalization effect is supported by empirical research. Here, too, use was made of a double testing procedure: the, results of experimental and field research confirmed each other. It appears from the interviews that fare-dodgers are responsible for a greater amount of and more
serious forms of rule breaking behaviour than the control
group that does not dodge fares. The experimental research
indicated that with regard to rule breaking behaviour,
people are inclined to take greater and greater risks if
certain forms of rule breaking behaviour are repeatedly
successful, and greater risks generally imply more
serious forms of such behaviour.
In addition, the empirical research revealed that the
dark numbers are very high in both public transport
fraud and aggression in traffic. The probability of being
caught seldom exceeds 5%. It was also demonstrated
that other forms of rule breaking behaviour produced a
corresponding picture as regards the dark number
aspect. This implies that virtually everyone breaks the
rules now and then. Of 8673 persons interviewed, 96.4%
appeared to admit as much.
As regards public transport fraud, the analysis enabled
four types of fare-dodger to be distinguished, based on
seriousness and motivation. The generalization effect
referred to above is most likely to arise amongst the
most sophisticated fare-dodgers, who frequently actively
attempt to avoid payment. On the other hand, increasing
the fines appears to have the strongest effect on the more
naive dodgers, who fail to pay just now and again. •
•
Futher, the "inviting" situation was clearly a
contributing factor: the frequency of fraud was found to
be the highest where a self-service system exists with
tickets sold off the vehicle, where charges are high,
where inspection by uniformed staff is infrequent, and
where fines are low.
This has little bearing, however, on the detected
frequency of fraud. This depends chiefly on the
frequency of inspection. A comparison of the results of
research in Zurich and Copenhagen shows that actual
frequency of fraud does not differ significantly, despite
a great difference in detected frequency of fraud.
Amongst fare-dodgers, the following categories are
over-represented: young people, men, unmarried,
people with a low income, and those who have no
private transport. This picture in many respects
coin-cides with that of those adopt other minor forms of
rule breaking behaviour. An interesting finding is that
the percentages (15 to 25%) of this behaviour in both
investigations barely differ. Further analysis shows that
in both cases a high percentage of the causes may be
put down to transferred aggression, the solution of
conflict in which an attempt is made to work off
anonymously unpleasantness experienced in the home
or at the office. Depending on the means of transport
used, one of the two forms of rule breaking behaviour will be selected for this. Both forms are complementary at a certain level. Only seldom do both forms of rule breaking behaviour appear to be adopted. As a result of the findings produced by this research, policy guidelines have been developed which, if desired, could be used to reduce the frequency of these forms of rule breaking behaviour.
As regards the public transport situation, the
introduction of free transport within the conurbations in the near future is recommended, provided that at the same time the quality of the transport is raised. As regards short-distance inter-city transport, a system of charges more adapted to the degree of utilisation should be introduced (halving the charges during off-peak hours), while almost full automation of payment and inspection is also to be recommended. In order to regulate aggression in traffic, changes are
recommended, on the one hand, in irritating traffic measures and situations by, amongst other things, introducing speed restrictions adapted to the local situation instead of a generaldimit. On the other, attention should at the same time be paid to improving inter-personal relationships in traffic situations by, inter alia, compulsory courses aimed at a more positive experience of participation in traffic. This would result in situations less inviting to aggression, while the individual, after the obligatory training, would feel less need to choose aggression in traffic as a solution to
conflict.
1.6 Consequences of imprisonment*
Willem Pompe Institute, State University, Utrecht 1977
Author:
Dr. L. M. Moerings
Formulation of the problem and method of research
According to section 26 of the Prison Administration (Principles) Act, the deprivation of liberty should, while retaining the character of punishment, at the same time be useful as a preparation for return to society. This task of re-socialisation should amount to more than merely preventing recidivsm. A stay in prison should have apositive
effect on the life of the prisoner. This* A doctoral dissertation was published in June 1977 entitled 'De gevangenis uit. de mitatschappij in', based on this research.
project therefore examines the true significance of a stay in prison for the prisoner's social relationships. In order to determine the significance of imprisonment as affectively as possible, it is important to know the prisoner's situation before his entry into prison. The 195 prisoners interviewed were therefore questioned intensively during their imprisonment on their social contacts before their stay in detention. Their contacts with the outside world, through visits and the post, during their stay in prison were also discussed with them. A second conversation, six months after their release, dealt with their social situation since the ending of their term. The wives of married prisoners were also involved in the investigation. The mothers of unmarried prisoners were interviewed.
Contacts during imprisonment: visits
The only opportunity of maintaining contact with home during a stay in prison is through visits and the post. More than half the wives (56%) visit their husbands each week. The high cost of travel and the brief visiting times are important factors inhibiting a weekly visit. Amongst the unmarried, a large number (30%) receive no visits at all.
During the visit, according to the husband, they mainly catch up on what has been going on at home. It would appear from the problems brought up during the chat that the husband's absence has left its marks on the family: financial difficulties, eduction problems and physical/mental problems for the wife. By no means everyone, discusses present problems. Nearly half the prisoners admit to keeping off certain problems: sexual difficulties, adverse prison experiences, marriage problems, etc.
It is noteworthy that the
wife
sees the visit differently: she finds that chiefly her difficulties are not given an airing and that talk centres mainly on the problems of the husband. Both partners therefore find that the other's problems receive more attention. The closed nature of an institution and the presence of a warder during the visit contribute to the misunderstandings that can thereby arise in the relationship. 60% of prisoners in closed institutions and 32% in open institutions say that they avoid certain subjects. The paradox then arises that prisoners with relational problems, partly owing to these difficulties, are less likely to be considered for transfer to an open institution, so that precisely those whose need for an open discussion is greatest are denied the possibility of a relativelyfavourable situation for discussing their problems. Family situation during itnprisonment
While it may already appear during the visit that problems have arisen in the prisoner's home owing to his absence, the conversations with his wife on the family situation confirm this impression further: financial worries are one of the problems most
frequently mentioned by wives, bringing up the children is an additional heavy burden on the wives, while wives' contacts with their surroundings als become more of a problem — they are stigmatized by
neighbourhood residents and are sometimes cut off from their acquaintances. A number of women have difficulty in coping with this, as is clear from among other things the increased visits to doctors in connection with mental and/or physical complaints.
Marriage
Because of the restricted opportunity for contact between man and wife during imprisonment, the husband is insufficiently aware of marriage problems. Divorce, always initiated by the wife, is sometimes unexpected and deterioration in the relationship (without this amounting to a break as yet) eventually becomes more pronounced than the husband had anticipated.
Job
The prisoner's job situation does noet look too rosy six months after his release. One third of ex-prisoners had done no work at all, while another third had worked only temporarily: periods of working alternate with periods of joblessness. However, the job background is put into relief only when comparing it with the situation before imprisonment: this was in many cases no better, and it is only that the outlook becomes still more bleak after imprisonment.
Social contacts
Ex-prisoners are stigmatized more frequently by neighbours than by relatives or friends or acquaintances. Neighbourhood contacts, however, were generally not all that close before imprisonment; the more superficial the contacts, the sooner imprisonment becomes such a drastic event that it leads to stigmatization.
Imprisonment has an adverse effect on prisoner's social relations in various ways. Yet, the changes that occur are not all that great in the situation before
Labelling approach
In the course of this research, a theoretical link was
sought with the labelling approach (Becker, Goffman,
Lemert). The renewing element and force of this view
lay in the different, relativizing definition of deviant
behaviour: behaviour which is labelled as such. The
social reaction is allotted a central role. A person who
has the label of "deviant" stuck to hem by the
authorities or his immediate social environment is
deprived of his chance of leading the life of a normal,
unremarkable individual. The social reaction becomes
the origin of existence as a deviant. Applied to the
theme of the project, this means that according to the
imprisonment is taken into account; this is evident
merely from the prisoner's employment record which
was poor before imprisonment and deteriorates still
more after imprisonment; for a large number of
prisoners, no further deterioration was possible because
they had already been unemployed beforehand.
The conclusion is that although crime is not restricted
to the lowest classes — as is clear from other research —
it is predominantly the lowest social classes, and the
socially weakest groups within them, that end up in jail.
A stay in prison does not so much set a process of
stigmatization and social isolation in motion but is more
an
expressionof a low, poor social position.
Imprisonment is chiefly the-continuation of a trend, but
in a downward direction.
First offenders and recidivists
This downward trend becomes more acceptable if the
research group is divided up into first offenders (in the
sense of imprisoned for the first time) and repeated
offenders. The basic situation is generally worse for
repeated offenders than for first offenders; the former
are more negative towards their relationship with their
wives, the job circumstances are poorer, and above all
they complain more frequently about living conditions.
It is repeated offenders' marriages that deteriorate
further or reach breaking point. They find it more
difficult to obtain work on release and it is they who
speak more frequently about reduced contact and
stigmatization. These differences between first offenders
and repeated offenders have yet further consequences:
during the second interview, held six months after
release, it appeared that one third of recidivists (37%)
had again fallen foul of the law in the meantime, while
this had occurred with only 11% of first offenders.
labelling approach, a stay in prison has a stigmatizing effect: everyone who has been inside has the label of ex-prisoner attached, which will play a dominating role in his life, so that his chances of becoming an adequate member of society diminish or are, even, fully removed. By following certain critics of the labelling approach and using his own research findings, the author attempted to introduce some shading into the application and consequences of stigmatization. We might refer to the distinguishing effect of the nature of the deviant behaviour, the relationship of the
stigmatizer and the stigmatized, and the deviant's opportunity of resisting the label imposed uporrhim. 1.7 The legal position of minors*
Institute for Applied Sociology, Nijmegen, 1977 Authors:
W. C. M. Scheffer C. Woldringh M. H. J. M. Knapen
The initiative to have research undertaken into the views of Dutch society on the legal position of minors was taken by the Ministry of Justice at the beginning of
1975. After the Second Chamber of Parliament had, in a motion in October that year, urged the drafting of a bill for a broader arrangement of the legal position, the Minister of Justice commisioned the Institute for Applied Sociology to undertake an investigation. An advisory committee set up by the Minister gave advice and assistance.
Formulation of the problem and design of the research The social changes that have taken place since the Second World War have also had their effect on attitudes to relationships within the family. A plea has been made on many sides for greater independence of young people and for a strengthening of their legal position. In 1971, the Committee for a Review of the Law on Child Care and Protection (the "Wiarda Committee") made proposals in this connection. The discussion that has broken loose in recent years concerning minors who run away from home has also
• Subtitled 'Research into the actual occurrence of difficulties between parents and their minor children in a number of 'choice fields', preconceived views on certain of the problems that arise, and attitudes to a broader formulation of the law in this respect'. A summary was prepared by the first and second of the authors and Dr. D. W. Steenhuis, and published simultaneously.
contributed towards the topicality of the question of minors' rights. The research carried out by the Institute centred on three points:
1. To what extent do difficulties actually arise in the Netherlands between minors and their parents on a number of important "choice fields" such as school and vocational training, place of stay or residence, memberschip of organizations and associations, relationships, assistance, and the like?
2. How do parents, young people and adults view the occurrence of difficulties of this kind generally and to what extent do they consider them serious?
3. What are the attitudes to, amongst other things, solving such problems and granting rights to minors, and extending their decision-making powers?
The project did not cover problems with which the children's courts already deal, the contractual capacity of minors, statutory age limits, legal interpretations
and criminal matters.
To answer the three questions, three samples were taken of which the first two were interdependent. Of over 2,800 persons approached, 33% refused to co-operate. The following were interviewed: - 932 minors (unmarried, age range 12 to 21);
- 932 of their parents (fathers and mothers alternatively; parent and child were questioned independently of each other);
- 937 adults aged 21 to 75 (including married persons aged 18 to 21).
The areas to which the questions related were: education and occupation, income and appropriation of income, place of stay and residence, church membership and membership of associations, relationships and going out, and assistance received. Questions were also asked about habits and appearance.
Minors and their parents (samples I and II)
As regards the subject of school and choice of vocation, there proved to be few problems between parents and their children. Regarding the choice made on
completing basic eduction, 85% of parents and children appeared to agree. About one fifth differed in opinion regarding the choice of job. More than half of the young people were financially quite independent of their parents. They differed very little in how they spent their money. In two thirds of the cases, those who had their own income were allowed to keep it entirely. A very large majority wanted no greater financial independence
(in the sense of receiving more money but also then having to pay more).
Only a small percentage of those questioned mentioned conflicts connected with the place of stay or residence. The absconding problem was not great; 20% of the young people could, however, imagine circumstances in which they might run away from home, something that their parents *ere hardly aware of. Of the young people questioned, only 6% no longer lived at home.
Children stated appreciably more frequently than their parents that they belonged to no church organization. This did not appear to be so much a matter of conflict, except on the point of nonattendance when the parents were loyal churchgoers. Nor did the large majority of those questioned consider their friends, holidays, association and contacts (if any) with assistance organizations a source of insurmountable difficulties.
Appearance and habits (hair, clothing and smoking) proved to be a source of friction to a far greater extent than questions of greater substance such as school and vocational training and place of stay or residence. More than 30% had had problems in this respect. As regards going out, three quarters of the young people
considered it right that their parents should exercise some control as to the time of home coming.
Parents were rather more reserved than their children, and were less willing to discuss their difficulties. It could not be inferred from the results of the survey whether, or to what extent, certain difficulties were associated with certain types of family.
Adults on difficulties now and in the past (sample III) This sample may be considered representative of the Dutch population with regard to sex, age, degree of urbanization of residential districts, region and marital status. The persons concerned differ in a number of ways from the group of parents referred to in the previous section: on the whole, they were younger, had fewer children, and included more skilled workers and fewer small traders and churchgoers.
A good third of the parents of children of 12 years and over within this category stated that no conflicts had arisen in the areas about which they were questioned. The greatest friction was caused by the time the children returned home at night and their appearance. This was followed by more serious problems such as the choice of a (marriage) partner. It is noticeable that some 36% of these parents were no longer able to remember what solutions were found: an indication that their
children had their own way? This is certainly the case
the more serious the problem and the older the age at
which it occurs. There was also some indication that the
occurrence of problems is linked with age: 63% of all
conflicts arise after age 15, 36% even between 18 and
21. Certain problems are to a certain extent linked with
the sex of the children. Of the 53 cases mentioned of
problems in choosing a marriage partner (courting,
engagement) only one third concerned boys as against
two thirds concerning girls. As regards appearance
(86 cases) it was precisely the reverse.
The problems that aldults previously had with their own
parents did not appear to differ appreciably from those
that they have or had with their own children. There
seems some indication of increasing tolerance towards
young people.
So much for the actual occurrence of problems between
parents and children now and in the past.
Preconceived views
Apart from the facts, however, the preconceived views
that people have on these difficulties is important, so
that questions were als oncluded on this point.
Topics which are most the subject of preconceived
views among all categories of respondents are living
together outside marriage and the time of returning
home at night.
The group of adults adopts no median position on
virtually any of the problem areas. It takes a rather
darker look at matters than the other respondents.
Amongst aldults, image andreality appear to differ
appreciably from each other. Many of them have
exaggerated ideas regarding participation in action groups
and living together unmarried. The reverse also occurs:
the choice
of
a school or training, actually problem
number. five, and magnitude, problem number seven,
rank only twelfth and fourteenth in seriousness in the
view of adults.
Attitudes
The attitudes of all respondents were first sounded as to
the independence of young people in general, on the
basis of eleven concrete statements. What was most
noticeable when the answers were analysed was the
great concordance between the three groups, even
where some difference of opinion might be expected.
The postulate 'parents in the long run know best
what is good for their child' was subcribed to by a
good 25% of both parents and adults and by as much as
31% of the young people. Another noteworthy fact is the moderateness of opinions. Here, the adults generally occupy an intermediate position between parents and young people.
As regards 15 of the 17 topics then, submitted, half of all respondents considered that young people should be able to decide independently at a certain point.- An exception was early school leaving and deduction of earnings (if any) for board and lodging. The age at which they wanted to grant decision-making powers
differed appreciably per subject, but for the most part lay beyond the 16th year. Respondents were further asked how they might feel if minors' rights were laid down in an act of Parliament, so that everyone would have to abide by them. There appeared to be little need for a general provision of-this kind. While only 4% of the parents and 6% of the young people gave affirmative answers, a majority (64% of young people, 71% of adults and 79% of parents) considered that
decision-making powers for young people was a matter to be resolved by parents and children themselves. Nonetheless, a quarter of all young people and a fifth of the adults considered certain matters to be suitable for statutory regulation: living together outside marriage, applications for a passport. living away from home, leaving school early, and choice of school and occupation.
Apart from this, what did they think about conflicts being solved through the mediation of impartial third parties? This, too, a majority (average 80%) considered a matter for parents and children alone.
A minority — 12% of young people, 13% of parents and 19% of adults — felt that third parties might be involved,
a social worker coming first to mind (child care and the children's courts were hardly involved) but other suggestions were a good friend and someone from school.
Final considerations
Is prevailing opinion now based more closely on reality than on preconceived views? This question cannot be answered within the framework of this project since the relationship between reality, preconceived views and attitudes appears more complex than had initially been supposed. Nonetheless, it may be concluded as far as the attitudes of the population are concerned, that there is but little need in Dutch society generally for statutory provisions to govern in detail the legal position of minors in general with regard to their parents:
a quarter of young people, 14% of their parents and one fifth of adults consider statutory provisions desirable in certain fields.
The main conclusion with regard to the information provided by the project on the actual occurrence of problems between parents and children is that it is pot all that clear in what direction these facts point. True, the overall picture is one of relative calm, but substantial problems arise in certain areas. The extent of these becomes more apparent when the percentages obtained are converted into assessments of absolute numbers in the population as a whole. A noteworthy finding in the enquiry is that the difficulties that arise most frequently are least susceptible to statutory regulation because they lie within the sphere of life style and rules of the home. Problems that are susceptible to statutory provision, on the other hand, are to a large content those that concern persons in the age group of
18 to 21: if the age of majority were to be reduced to 18. therefore, their importance, legally speaking, would be sharply diminished.
2 Departmental research
Research conducted by the Research and Documentation
Centre of the Ministry of Justice
2.1
Crime and the retail tradeResearch and Documentation Centre, 1976.
Authors:
Dr. D. W. Steenhuis
A. W. M. Coenen
Background and design of the project
Having regard to the increasing disquiet of the retail
trade concerning the crime with which retail traders are
faced, RDC has carried out a study of the nature and
extent of this phenomenon. The object of the research
was primarily tot summarize what was really happening
in this field in order to be able to determine whether the
Government should give more consideration to the
problem.
In consultation with the trade associations of
medium-sized and small businesses, a questionnaire was drafted
and used in an attempt to obtain replies to the following
queries:
What is the extent of the problem: to what extent are
retail traders faced with various forms of crime?
2
What is the nature of the problem? This question has
three aspects:
-
What are the facts of the offences: is violence used,
are offences notified, etc.?
-
Are there specific (groups of) bussinesses that encounter
more trouble than others? If so, in what way are they
characterized?
-
Is the problem a seasonal one, i.e. does it cause more
trouble at certain times of year than at others?
In order to answer these questions, a questionnaire was
sent to a sample comprising some 5,500 retail traders in
April, July and November 1975. The sample was taken
from businesses in the four large cities of the
Netherlands and in Haarlem, Groningen, Nijmegen,
Apeldoom and Maastricht. They were asked whether
they had ever had any trouble with rowdyism, revenges,
damage to goods inside or outside the shop, damage to
vending machines, shop lifting, theft from vending
machines, intimidation, protection rackets, damage to
property, breaking and entering, robbery with violence
and any other kinds of crime. They were also asked
whether they had encountered any one or more of these
crimes during the month preceding the enquiry.
Results
retailers: 55% of them had at one time or another been
affected by shop lifting, about 30% had on occasion
been broken into, a quarter had had some trouble with
rowdyism and 14% had had some trouble with damage
to the shop and 12% with damage to goods set up
outside. Less than 10% of the retailers had met with
any of the other offences. From answers to the question
whether they had encountered any one or more of the
crimes referred to during the preceding month, the
overall picture was the same. Here, too, shop-lifting
takes pride of place: on average some 20% of the
retailers had experienced it, followed by rowdyism
(8%), damage (2 to 3% in each case) and breaking in
(similarly 3%). The figures for the various months differ
little, if at all, (except in the case of shop-lifting) so
that, generally speaking, the problem cannot be said to
be a seasonal one.
As far as the nature of the problem is concerned, it was
found that the use of physical violence was the
exeption. Of the 1,558 shopkeepers who indicated that
they had met with one or more of the crimes referred to
in the preceding month, 72 said that blows were
exchanged. Violence of other kinds or shooting did not
occur in a single case. Further, the police were called
and informations laid as an exception rather than a rule.
Only in 467 (15%) of the 3,192 cases recorded were the
police called, and the number of cases where
informations were laid amounted to only half that
number (6%). The police were most commonly called
for breaking in (75%), robbery with violence (50%) and
theft from vending machines (40%). The results also
show that crime is distributed fairly irregularly over the
various retailers. Of the 2204 cases recorded of crime
involving property, more than half (55%) related to
only 183 (23%) of the shopkeepers indicating such a
crime. Businesses that have a relatively large amount of
trouble are distinguished from the others in that they
are not geared to specific commodities (department
stores, supermarkets) and for the most part are located
in the centre of the town or in shopping centres.
The overall picture emerging from the investigation is
that crime is not a major problem in the retail trade.
Serious offences (the settling of grudges, robbery with
violence and protection rackets) occur only on a very
limited scale and crime as a whole is strongly
concentrated on certain businesses, particularly those
not geared to specific commodities. There would
therefore appear to be little general cause for increasing
disquiet. This is not to say a limited problem is not a
problem for all that. Such offences as shop-lifting and breaking and entering can have particularly annoying consequences for the businesses that encounter them frequently. Seen in that light, the scope of a
phenomenon such as shop-lifting should be a matter of continuing concern both to Government and to the retail trade.
2.2 Individual remissions in the case of criminal offences and recidivism
Research and Documentation Centre, 1976.
Researcher: Mrs. C. van der Werff Introduction and problem
This is a report of an investigation into the effectiveness of remissions. It.was initiated by a request from the Constitutional and Criminal Law Division, which deals with applications for remissions and with the granting and revocation of conditional remissions. In this connection, the following questions were considered. From the point of view of special prevention, (I) does the remission of punishment have a positive or a negative effect? and (2) should preference be given to conditional remissions over unconditional remissions? In other words, does the granting of conditional remissions have a greater preventive effect than the granting of unconditional remissions?
To answer these questions, a comparison was made between (a) recidivism statistics for those granted remissions and those not (it was not known whether the latter had unsuccessfully applied for a remission) and (b) • the recidivism statistics for persons who received
unconditional remissions and those who received conditional remissions.
Research design
Questions of this kind — into the relative effectiveness of eriminal sanctions and treatment in general — can be irrefutably answered only by means of experiment in which the decision wether to proceed with a particular sanction or treatment is based merely on chance. Only in an experiment of this kind can interpretation of the outcome be free of difficulty. A difference in the outcome of various treatments is the consequence of the differing effects of such treatments. Similarly, the same result from differing sanctions or methods of treatment means that the effect of the various sanctions or